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Mike Truth be told I had a client approach who had bought deed and it looked wrong, real wrong. So I ordered a clean deed which was clearly described as a "NSW Land Tax Unit Trust" and Chris had a look. He sent it to OSR for their views who REJECTED it and said it was not a fixed unit trust...

The NSW Court of Appeal decision in Sayden P/L v Cheif Cmmr would have to concern many investors with a unit trust together with a significant number who have used various forms of "fixed trust" such as land tax unit trusts in the past. In that decision the taxpayer had a unit trust that wasnt...